QUESTION

Will resubmitting a rejected I 765 application cause any benefit lose when filed together with I539.

Asked on Jul 30th, 2024 on Immigration - Virginia
More details to this question:
I filed my spouse’s H4 EAD(I 765) application with H4 extension(I539) on 11th June 2024. I filed both application together to get the benefit of I 765 processing time if filed along with I539. Today I received receipt notice for I 539 application and rejection notice for my I 765 application due to in correct payment. My concern is that when I am resubmitting the I765 application after correcting the payment error, will it be still considered as filed along with I539 to get the processing time benefit.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As the H-4 application was receipted, that means that the application will begin to go through processing, and there is a good likelihood that the I-765 will not be adjudicated with the H-4 since they are now separated. The best that you can do in my opinion is to send the I-765 application back in ASAP with a copy of the H-4 receipt notice and complete documentation. I say complete documentation because some individuals only submit one document to cover both applications, but these are separate applications requiring separate sets of documentation. Please read the instructions if you have not already done so. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 25th, 2024 at 7:02 PM

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